Decided on December 24,2012

Hardev Singh And Ors Appellant
State Of U P (Now State Of Uttarakhand) Respondents


- (1.) These appeals, preferred under Section 374 of Code of Criminal Procedure, 1973 (for Short Cr.P.C.), are directed against the judgment and order dated 02.03.2000, passed by Additional Sessions Judge, Kashipur, in Sessions Trial No. 220 of 1999, whereby said court has convicted the accused/appellants Hardev Singh, Baldev Singh, Sukkha Singh and Darhshan Singh under Section 307 read with Section 34 of of I.P.C., and sentenced each one of them to rigorous imprisonment for a period of ten years.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story in brief is that PW2 Vichitra Singh along with his wife PW1 Kulvinder Kaur was going in a bicycle on 10.01.1999, from Kashipur to village Raipurkhurd. At about 11.00 a.m. near culvert of village Dhkiya accused/appellant Hardev Singh, Baldev Singh (both Sons of Sajjan Singh), Darshan Singh @ Ghora (S/o Kashmir Singh) and Sukkha Singh (S/o Daleep Singh) came on motorcycle and fired a shot. All the four were armed with knives. On hearing the sound of fire PW1 Kulvinder Kaur, PW2 Vichitra Singh got down from the cycle, whereafter the four accused/appellants caught hold of Vichitra Singh and assaulted with the knives. PW1 Kulvinder Kaur raised an alarm on which Mandeep Singh, Paramjeet Singh etc. started coming towards the place of incident. However, all the four accused ran away on the motorcycle. Injured Vichitra Singh (PW2) was taken to Government Hospital, Kashipur, where his injuries were recorded by the PW3 Dr. Surendra Singh on 10.01.1999 at 11.45 a.m. The said Medical Officer observed as many as nine injuries including seven incised wounds on the person of Vichitra Singh, and prepared injury report (Ex. A3). PW6 Dr. Y.S. Rawat, on the very day (10.1.1999) conducted surgery in respect of injury no. 1 (shown in the injury report Ex. A2) suffered by the injured in his abdomen. Meanwhile, PW1 Kulvinder Kaur gave first information report (Ex.-A1) on 10.01.1999 at police Station Kashipur at about 12.30 p.m. . On the basis of said report crime no. 17 of 1999 was registered, relating to offence punishable under Section 307 read with Section 34 of I.P.C., against all the four accused/appellants Hardev Singh, Baldev Singh, Sukkha Singh, Darshan Singh.;

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